Facts
Hotel E. AG operates a long-established hotel/restaurant with a hall and terrace in a central location in X. In February 1996, it opened the "Bar R.", a bar operation with extended opening hours on Fridays and Saturdays until 2:00 a.m., in the basement of the building. Neighbor F. then filed a nuisance lawsuit against Hotel E. AG.
The Cantonal Court of Obwalden obliged Hotel E. AG to keep the windows of the restaurant and bar completely closed between 10:00 p.m. and 6:00 a.m. and to no longer make or have music played outdoors after 10:00 p.m. In addition, the use of the trampoline on the property had to be restricted in time.
The High Court of the Canton of Obwalden partially overturned the judgment of the Cantonal Court and additionally obliged Hotel E. AG to close the restaurant and bar operations at the latest at midnight on Sunday to Thursday evenings and at the latest at 2:00 a.m. on Friday and Saturday evenings. Furthermore, it had to maintain a parking service after midnight on Friday and Saturday evenings with the closing of the business and not make or have any music played outdoors at any time.
Considerations
The Federal Supreme Court dismissed the appeal of Hotel E. AG. It stated that the High Court had rightly determined that the regular noise emissions from the operation of Hotel E. AG after midnight, in particular through inconsiderate guests upon arrival and departure of the premises as well as through music on the terrace, exceed the awakening threshold and are therefore extraordinarily disturbing for normally sensitive people.
While the plaintiff as a…